Epilepsy & seizure disorders decisions — 2010

The Veteran's major depressive disorder was first manifested in service and is considered to have resulted from the stressors of military service. Service connection for this condition has been granted.

The Board has remanded the Veteran's claim for further development due to a need for epilepsy monitoring.

The Board has reopened the claim of service connection for a seizure disorder due to new and material evidence received since the October 1971 rating decision. The Veteran's private physician provided an opinion that his seizures are more likely than not related to head trauma sustained in service.

The Veteran's claim for an earlier effective date for a TDIU prior to June 2, 2006 was denied as the preponderance of evidence showed he was not unemployable due to his service-connected disabilities. The issue regarding whether the January 28, 2004 RO decision should be revised or reversed on CUE is also denied.

The Veteran died in August 1971 from asphyxiation due to drowning and epilepsy. The Board found that epilepsy was not present within a year of service, and there is no evidence linking it to service or any other condition. Therefore, the claim for service connection for the cause of death is denied.

The Veteran's claim for service connection for a seizure disorder is being remanded due to the need for additional VA medical opinions and records.

The Veteran's unauthorized medical expenses incurred from May 16, 2004, through May 26, 2004 were reimbursed due to the severity of his psychiatric condition and the lack of available VA facilities for transfer.

The Board has determined that the Veteran's psychiatric condition, including bipolar disorder and seizure disorder, including symptoms such as loss of consciousness, were not incurred in or aggravated by active service.

The Board has remanded the case due to the appellant not accepting a videoconference hearing, and it is now required to schedule an in-person hearing at the RO.

The Board has remanded the case for additional development, including obtaining medical records from Robins Air Force Base and healthcare providers who have treated the Veteran's daughter, P., to determine if she was permanently incapable of self-support by reason of mental or physical defect at age 18.

The Veteran's claims for service connection were denied across multiple conditions, including psychiatric disorder, recurrent upper gastrointestinal bleeding, hypertension, post-concussion syndrome, bronchitis, transitional lumbar vertebra, neck strain, and seizure disorder. The appeals are based on direct service connection rather than presumptive or secondary theories.

The Veteran's unauthorized medical expenses for treatment at Desert Regional Medical Center from November 23, 2007 to November 25, 2007 are now covered by VA as the emergency services were provided in a hospital emergency department and delay would have been hazardous to life or health.

The Board has remanded the case for further evidentiary development, including obtaining VA treatment records from September 2007 to the present.

The Veteran's headaches and seizures are found to be related to his service, with the headaches being attributed to atypical migraine and the seizures to tonic clonic seizures. The VA has granted service connection for these conditions.

The Board found that the Veteran does not have degenerative disc disease of the lumbar spine related to his military service and denied his claim. The issue of seizure disorder is addressed in the REMAND portion.

The Veteran's death was not caused by a service-connected disability, and the appellant is denied DIC benefits under 38 U.S.C.A. § 1318 or 38 U.S.C.A. § 1151.

The Board has granted a higher rating of 30 percent for migraine headaches, effective from November 3, 2004. The Veteran's claims for service connection for an acquired psychiatric disorder (to include bipolar disorder), seizure disorder, a right knee disability, and fibromyalgia are remanded due to the need for additional development.

The Veteran's pituitary chromophobe adenoma with panhypopituitarism, sterility, headaches, and residuals of TBI with residual seizure are all rated at the maximum schedular evaluations. The Veteran does not meet criteria for a higher rating under any diagnostic codes.

The Veteran's prostate disorder and seizure disorder were not incurred or aggravated by active duty service. The Board found no evidence linking these conditions to his period of service.

The Board has remanded the case due to an inadequate March 2006 VA opinion and a need for a new medical opinion regarding whether the Veteran's neurofibromytosis was aggravated by his military service.